February 2, 2010 | 5:13 pm

Education By Psak (Halachik decisions) – Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

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Education By Psak (Halachik decisions) – Rabbi Barry Gelman

When Rabbis render Halachik decisions for they are doing much more than answering a technical question. Psak Halacha can also serve an educational function in that it teaches entire communities about values.

One area where Rabbis can make a strong educational impact via Psak Halacha is in the area of Pesach preparation and cleaning.  It is very much the Rabbi who sets the tone for how Pesach is viewed, appreciated and enjoyed by communities.

Rabbi Shlomo Aviner writes that it is prohibited to impose stringencies on people that will cost extra money and cause distress, even on Pesach when it is customary to be extra careful. (She’eilat Shlomo 1:157)

Rabbis who do not get caught up in the whirlwind of pesach stringencies and teach that pesach can be enjoyed and not ruined by pre pesach preparations are teaching their communities a valuable lesson about simchat Yom Tov and the value of moderation.

Ethical lessons are also taught from how Rabbis rule on participating in charity drives for gentiles. The recent earthquake in Haiti was an unfortunate opportunity for Rabbis to teach the Halachik sources and via that process, educate communities about the value of all life and the importance of seeing ourselves as part of the global community. The sources from Rambam, Meiri and others are classical legal sources, the message they leave behind goes further than a one- time legal ruling.

There are many examples of education by psak in the writings of Rabbi Yechiel Yaakov Weinberg, known as the Sridei Eish. In one Teshuva he forbids burying the cremated remains of a Jews in a Jewish cemetery. For Rabbi Weinberg, prohibiting burial in the Jewish cemetery made clear that cremation crossed a “red line”. It was his hope that by prohibiting burial in the Jewish cemetery, others who were considering cremation would realize just how deplorable that action was and change their minds. This is a very good case of a posek using Halacha to educate his community. Bear in mind that Rabbi Weinberg was dissenting from the view of another great German posek, Rabbi Dovid Tzvi Hoffman who argued that those who choose cremation are no different than any other sinner who is permitted burial in the Jewish cemetery.

Rabbi Yitzchak Blau has written about other rulings of Rabbi Weinberg that serve educational purposes. Go here for an introduction to the life and thought of Rabbi Weinberg http://vbm-torah.org/archive/modern/31modern.htm and here for an article noting some of those decisions http://vbm-torah.org/archive/modern/32modern.htm.

There is much that Rabbis can accomplish in terms of ingraining values in communities via Psak Halacha. Great Poskim have used their piskei halacha for this very reason and it is my hope that more rabbis can do the same.

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January 26, 2010 | 5:31 pm

A Rabbi’s Dilemma – Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

I am sure I am not the only rabbi faced with the dilemma of teaching torah to a population that does not have all the skills necessary for in-depth study.

Morethodox communities with mixed demographics are ripe for this type of question.

Spending time in Yeshiva one learns the importance of slow meticulous study with time to analyze the texts being studied. Torah students require patience as the answer to questions is not always clear. We are taught that the “pay-off” for all the hard work and frustration comes when we solve the riddles of what we are studying. Suddenly everything becomes clear. We have learned the importance if living with uncertainly and the reward to persistence.

This is indeed a wonderful experience but difficult if not impossible to replicate in a community setting.

Many community members do not have the time or the background to study original sources. There are so many who are eager to learn and I marvel at the efforts made to study Torah, but the yeshiva style study is illusive to many.

In place of that there are English sources, shiurim that provide information instead of time to analysis. Learners are often eager to get to the final answer and skip the analysis. I am not opposed to English sources, I am simply pointing out that their existence indicates a reality.

What are some approaches to this dilemma. I consider it a dilemma as I do not believe one experiences a “top shelf” learning encounter absent the ability to analyze and decipher sources.

Part of the reality is the “instant” culture that we live where data is available to us with delay. I liken the current trends in community learning to daily blog with have baked information and no time to check sources as opposed to a well researched magazine or newspaper article. (Yes, I know I am writing on a blog).

Do others see this as a dilemma?

Is there a way, short of having community members spend time in yeshiva to learn those skills, to create the beit madras experience?

Schools must also struggle with a similar issue, that of deciding how much time to spend on practical halacha – teaching the rules balanced with teaching our students how to learn “beit madras style”. Taking time to teach learning skills means that our students have less time to master practical of Jewish living (how do I make a salad on Shabbat).

It is clear that not every helacha can be taught in school, but what is the proper balance?

 

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January 12, 2010 | 8:26 am

The Converts In Our Midst - Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

The following is a digest of the sermon I delivered in my Synagogue on Shabbat, January 9th, 2010

I feel compelled to address the recent conversion controversy in my sermon. I do so because two things changes.

1.    The woman at the center of the controversy converted.
2.    The Houston Jewish community has been painted with broad strokes as not welcoming her ad questioning her conversion.

Let me say at the outset that the Beit Din that performed the conversion is an unimpeachable Beit Din and therefore I consider the woman at the center of the controversy to be Jewish and fully welcomed in this community.
I have also informed her that I would be willing to convene a Beit Din to convert her son (all he needs is immersion in the mikvah).

I want to share with you a number if halachik considerations. These halachot apply equally to all converts.

1. The biblical obligation to love the convert.
This obligation is spelled out in the biblical verse
“Love ye therefore the stranger; for ye were strangers in the land of Egypt.”

Maimonides points out that the commandment to love the convert to Judaism actually is doubly powerful as it is superimposed on the existing obligation to love one’s fellow Jews.

Here are Rambam’s words:

“Loving the convert who has taken refuge (lit., ‘came and entered’) beneath the wings of the Divine Presence [comprises] two positive obligations, one because he is included in ‘fellowship’ (and so is included in the obligation to love one’s fellow as himself (Levit. 19:18)), and two because he is a convert and the Torah said, ‘You shall love the convert’ (Deuteronomy 10:19). [The Torah] commanded to love the convert as it commanded to love G-d (lit., ‘His Name’), as it is stated, ‘And you shall love the L-rd your G-d’ (Deut. 6:5). G-d Himself loves converts, as it is stated, ‘...and loves [the] convert’ (ibid., 10:18).” (Hilchot De’ot Chapter 6, Law 4)
Notice that Rambam also compares the love due a convert to the love due God and that God himself loves converts.

In a Responsum, Rambam writes that the obligation to love a convert is even more intense than the obligations we have towards our parents. In relation to our parents we are obligated to respect and fear them – both of which can be accomplished without loving them. In fact, the Torah never commands the love of parents. However, regarding the convert we are obligated to develop actual love for them.

Perhaps the Torah especially commands us regarding loving the convert because it is not always so easy to do so. Often converts come from different cultures, look differently and speak differently than those they are trying to join.
There are often cultural barriers that make it difficult for converts to be fully embraced by the Jewish community.
To all of this, the Torah says: Love the convert – we must work on it and develop love in our hearts.

2. The biblical prohibition of oppressing a convert

This prohibition is spelled out in the biblical verse:

“And a stranger shalt thou not wrong, neither shalt thou oppress him; for ye were strangers in the land of Egypt.”

The Sefer Hachinuch elucidates two very important ideas related to how we treat converts in our midst.

First he notes that the capacity to sanctify God’s name or to desecrate God’s name is in our hands in terms of how we treat converts.   

“At the root of the precept lies the reason that the Eternal Lord chose the Israelites to be a holy people to Him, and wished to make them meritorious. He therefore guided and ordered them onto the ways of kindly grace and compassion, and adjured them to adorn themselves with every desirable and precious trait of character, to find favor in the eyes of all who behold them, that they should say, “These are the people of the Lord.”

The Sefer Hachinuch ascribes great power in terms of how communities accept and treat converts. Certainly in this local controversy their has been a tremendous chillul Hashem - desecration of God’s name. We have the capacity, to a degree, to reverse the chilul Hashem by carefully adhering to the Torah commandments of loving and not oppressing theconvert.

Secondly, the Sefer Hachinuch sensitizes us to the challenges overcome by a convert. “ Well, how much a way of gratification and delight it is to adopt loving kindness and do good for a person who left his nation and the entire family f his father’s and mother’s house, and came to shelter under the wings of another nation, in his affection for it, and in his preference for truth and hatred of falsehood.”

Many of us are aware of the great personal, social and economic struggles endured and sacrifices made by converts to Judaism. It is no easy task to leave behind the religioun on one’s upbringing, family customs and social network. Those who do that must be treated with dignity, respect and maybe even awe.

         
3.The obligation to pray for the welfare of converts.
The thirteenth blessing in the Amidah includes an explicit prayer for righteous converts. According to some the phrase “Tzadikim” – “righteous” is that blessing refers to converts as well. We are obligated to prayer for the welfare and wellbeing of the converts among us. 

Finally, I wish to clarify something very important: There have been press reports painting all of Houston Orthodoxy with one brush in their claims that she has not been welcomed and that her conversion is being questioned. While I do not accept those media reports as being entirely accurate, I do wish to make it clear, that the UOS community fully welcomes her as a member of Am Yisreal.

The famous Ovadiah the convert to whom Rambam famously ruled that he, even as a covert, may recite: “Our God and God of our forefather” in the amidah once complained to Maimonides that his Rabbi has been mocking him for tings he said. In response Rambam addresses Ovadiah ad says: ” He who blessed Abraham your teacher, and gave Abraham his reward in the world and the world to come, should bless you and give you your reward in this world and in the world to come and lengthen your days…”

These words should direct our approach to all Jews by choice in our midst.

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December 15, 2009 | 10:30 am

Open Your Eyes - Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

Chanukah Candles are a unique mitzvah is that they differ from other Mitzvot that require candle lighting.
Shabbat candles are lit to provide light and to honor the Shabbat meals (think candle light dinner)
honor for the meals
The Candles in the Beit Hamikdash we lit to honor the Beit Bait Hamikdash and to symbolize God’s presence.
Chanukah candles are a bit different:
We are told that we are not allowed to use them for light but rather “Lirotam bilvaad” – we are only allowed to look at them.
This is a strange and unique mitzvah. What good does simply looking at the candles do for us?
Rabbi Shalom Noach Brusovsky, the late Slonimer Rebbe teaches that simply looking at the candles has spiritual potency. He recalls that one of his predecessors used to stare at the candles from the moment he lit them for hours on end. He goes on to explain that simply looking at the chanukah light can combat spiritual malaise, that looking at the chanukah candles has spiritual healing power.
There is something very beautiful in the idea that seeing a mitzvah object has the power to religiously transform us. This approach bespeaks a willingness to b e inspired.
I would like to expand this idea beyond mitzvah objects to the general question of inspiration.
It seems to me that one of the great challenges that we face is that it is very hard to be inspired. It is almost as we have a force field that “protects” us against inspirational moments.
Here are a few examples:
What is our reaction when we see someone praying with great fervor – I mean really getting into it. Many tend to think that the person is over the top, even a little embarrassing.  This is especially so if the person is wearing a black hat – then we really think he is crazy. A defense mechanism kicks in that that blocks us from the realization that this person may really be tapped into something special. Instead of being inspired, or even jealous of that, we tend to get cynical.

What we should do is ask that person what has so inspired them. If our praying is lackluster, we should seek inspiration from those who pray with a sense of purpose.

Another area where we can open our hearts to inspiration is in the ever growing area of women’s participation in orthodox life. There are ever emergent developments including women being ordained on some level to minyanim that maximize women’s participation even as far as participation in the main torah reading and of course the popularity of programs offering women opportunities to study Torah at the highest level. Whether or not one approves of or is comfortable with these development, it is time to stop judging motives and allow ourselves to be inspired. Here is a group of people who actually desire more religion. In the face of people leaving Judaism in droves, this group represents an opposing trend.

Many of these women suffer all sorts of verbal insults, people walking out on them and second guessing their piety. This type of cynicism blocks inspiration. Instead of dismissing it as some fad, we can embrace it, even as many may disagree with the conclusions, as a legitimate desire for religious growth and be personally inspired by it.

A third area from where we should glean inspiration is from people who take on more religious practices. I sense that in the world of morethodoxy the reaction to those of our friends and acquaintances that take on more rigorous halachik practice is one of disregard or worse, disdain.
As an example, consider Lashon Hara. What is our response when someone tells us they would rather not continue the conversation because the talk has become gossip. We may think such a person has gone mad. Maybe we get insulted or feel guilty. Seldom do we feel inspired by this attempt to be more religious.
This attitude is bad for morethodoxy.
This idea of being able to remove blockages to inspiration is part of the chanulah story. After all, one of the miracles of chanukah was uncovering the one jar of oil. It was hidden away from all and then finally revealed.
This is what Chanukah is all about; uncovering what is hidden within us and the ability to look at some event, phenomenon or even person and to become inspired.

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December 8, 2009 | 8:56 am

On Line Psak – Bad Medicine - Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

I am sure that many are familiar with the phenomenon on internet piskei halach – the popular notion of asking halachik questions, usually anonymously, to a rabbi. Often times even the rabbi who is answering in anonymous as the question is sent to a pool of rabbis.

No doubt there is some benefit to this technological option. It saves time as one can send the question and then great on with their life as they wait for answer. It also allows for sensitive question to be asked with minimal or no embarrassment.

On the other hand, online psak share the same pitfalls that so many other online relationships do. There is no doubt that the internet has allowed many to expand the number of people they are in touch with. The flip side is that while we are in touch with more people quantitatively, the quality of many of those relationships has deteriorated.

Online psak is no different. It allows for no relationship between posek and questioner, a very important ingredient in psak halacha. In on line piskei halaca it is very ahrd to flesh out all the detsil of the question. A fundamental ingredient missing in almost all on line pask is the ability for the Rabbi to ask questions to the questioner. The seasoned posek knows the questions that will assist in finding the proper answer.

Psak Halacha is a very personal matter as no two questioners ask the same question. Even thought on the surface it may seem that the very same question is being asked, the specific circumstances of the questioner, their religious background, their financial, and domestic situation all play a role in making a correct decision.

It is interesting to note that a major issue discussed by rabbis is rabbinic autonomy and that in some areas of life, halacha is becoming centralized One of the main objections to centralized rabbinic authority is that the rabbis of the central authority often lack familiarity with those asking the questions. The same shortcoming exists in the realm of internet psak.

A doctor can do a better job diagnosing a treating a patient when the patient’s personal history is known to the doctor and the doctor has time to ask question and clarify matters. The same is true for a rabbi asked to answer a halachik question. All of the factors mentioned above, if known by the rabbi, an serve an important role in rendering an appropriate decision

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December 1, 2009 | 11:23 am

Change Jewish Federation Allocations - Help With Tuition Crisis - Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

Jewish Federations across the nation are scrambling to figure out how to respond to decreasing donations and support. In most communities over the last 50 years, major Jewish institutions such as synagogues, schools, JCCs, and membership organizations work together in what I’ll call “the Federation system” to share resources and coordinate activities.

Young people are not buying into the Federation system and their decisions are being felt on the bottom line. Some even question whether or not the Federation system is sustainable in a Jewish world increasingly moving away from centralization. The current growth of independent synagogues is one example of a widespread trend moving away from centralized Jewish life.

As a member of a Jewish community and a Board member of our local Jewish Federation I see the value of the Federation system and the real impact it has on local and international agencies.

Some suggest that to engage young people in Federation giving the process must be made more transparent, offer more choices and be made easier. All of these are good ideas and should be addressed. With charity dollars more scarce than ever, for example, people should know what percentage goes to which agencies and what percentage goes to overhead etc. Similarly, an easier and more choice oriented giving experience may have a positive impact. Perhaps people would be more willing to give via the Federation pipeline if they could have more choice as to what Federation supported agency to send their money to.

Having said that, these ideas do not address the root issue –fewer and fewer young people are committed to the Jewish community and supporting Jewish causes.

My suggestion is radically simple. It is radical in that it calls for an incentive system implemented by Jewish Federations and it is simple in that it incentivizes the only real solution to Jewish apathy.

Jewish Federations should increase funding, or in some cases begin to offer funds (the individual formula could be decided locally) to Jewish day schools based on the number of students who continue on to the next level of Jewish education. It is well know that the number of Jewish children enrolled in Jewish day school drastically decreases after middle school.

Here is how it would work. For every student who moves from a Jewish elementary school to a Jewish Middle school, the elementary school is rewarded with dollars. The same goes for moving from middle school to high school. High schools would be rewarded for every graduate who marries a Jew.

This will accomplish a number of goals:

1. Day schools will have an incentive to “beef up” their Judaic programs.

2. Jewish Federations will make an important statement that religious education is the priority of the Jewish community.

3. Families may benefit from reduced tuitions and which in turn would lead to increased enrollment.

4. Most importantly, Federations take the first step towards solving the problem of diminished participation and donations. This suggestion may not solve the short term problems in our community (and for those, Birthright and the Wexner program should be continued), but encouraging outcomes instead of processes is the only way to create an ongoing source of committed young Jews.

This model calls for moving away from an allocation model based on the number of students in the school. Such a model focuses on the children upon enrollment. A better measure of the success of the school is one founded on the choices the children and their families make upon commencement or graduation. Successful schools should be rewarded. Such a program will incentivize the schools and offer the larger Jewish community a chance of survival.

We have to start looking at the finished product.

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November 24, 2009 | 8:41 am

Saying Kaddish Over Kaddish - Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

A well known phenomenon of American Jewry is the widespread recitation of kaddish in memory of deceased parents. Even those Jews who are not particularly observant find deep meaning in reciting kaddish for deceased parents. Even those Jews who otherwise rarely come to weekday minyan find the time to come to synagogue almost every day, three times a day to say kaddish. It strikes me as odd that before and after the death of a parent, these folks had no time to come to services, but as soon as a parent dies, time is found.

I wish there are another way to honor our parents in death. Because it is related to honoring parents after death, saying kaddish has become the most widespread ritual on the American Jewish scene and often the perceived hallmark of piety. It has come to the point where people think that, almost to the exclusion of all other ritual and concern for Jewish law, all that a person has to do is say kaddish for their parent upon their death.

It is interesting to note that kaddish does not speak of death, but rather of sanctifying God’s name and faith in times of distress. Ironically, reciting kaddish has lead to the de-sanctification of God’s name and less faithful activity as people ignore other mitzvot in favor of kaddish.

Saying kaddish is an important for children way to reflect the values and ideals their parents stood for. When a child recites kaddish the deceased parent may be judged more favorably as the faithful recitation of kaddish stands as testimony to the parent’s spiritual legacy.

But here again we must wonder if there is a better way. Certainly greater merit can be brought to deceased parents if their spiritual legacy is more than eleven months of kaddish.

In light of this analysis, I wish to highlight a suggestion made by Rabbi Shlomo Ganzfried, author of the Kitzur Shulchan Aruch – The Concise Code of Jewish Law. In Chapter 22 (Laws of Mourners Kaddish) he writes: “Though kaddish and prayers are helpful to the departed, they are not of primary importance. What is most essential is that their children proceed in the path of righteousness and, in the manner, bring merit to their parents…A person should command his children to be scrupulous in the observance of a particular mitzvah. Their practice of it will be considered more important than their recitation of Kaddish.”

Along these lines, I recommend a new mourning custom – one that hopefully will have more lasting spiritual and religious staying power. I propose that all parents whose children are not Sabbath observant tell their children that either instead of (or in addition to) saying kaddish for a year that their children should remember them by observing Shabbat for a year.

In the scheme of mitzvot, Shabbat observance is more important than the recitation of kaddish, so if one mitzvah is going to be focused on for the year, better Shabbat than kaddish.

Another, perhaps more compelling reason to focus on Shabbat over kaddish is for the benefit of the grandchildren of the deceased. Children who grow up in a home where Shabbat is observed on a regular basis stand a much better chance of marrying another Jew and building a home where Jewish traditions are observed. Additionally, for all those other than the mourning child, saying kaddish goes largely unnoticed in the home. Shabbat observance encompasses the entire home and atmosphere of the family.

It is time to say Kaddish over Kaddish and welcome new Jewish life.

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November 10, 2009 | 12:02 pm

Being Machmir (stringent) about being Meikil (lenient) – Rabbi Barry Gelman

Posted by Rabbi Barry Gelman

Being Machmir (stringent) about being Meikil (lenient) – Rabbi Barry Gelman
What is the value of lenient Halachik decisions?
Issues of monetary expense, shalom bayit and kavod habriyot (human dignity) are well documented as factors in applying lenient halachik rulings. This blog entry begins a discussion on applying lenient Halachik decisions as a way to open the gates of observance to as many people as possible. I argue that once a person is shown that they can live a halachik lifestyle in certain areas where they may have been challenged, they will be more able to adopt halachik living in other areas. Rabbi Chaim Hirschenson stated that: “If the rabbis in America fifty years ago were as great as today’s halakhic authorities, able to see clearly and anticipate developments, they would have found ways to permit, on the basis of the Shulhan Arukh and the decisors…and we would not have come to the sorry situation that prevails today. “
In this passage Rabbi Hirschenson is pleading for Poskim to Halachikally ease the situation of those who find it difficult to observe Shabbat as it had been understood in his time. I understand this approach to be in the spirit of what Hillel taught in Pirkei Avot: Hillel says: “Be like the students of Aaron. Love peace and pursue peace. Love humanity and bring them close to Torah.”
One responsibility that religious leaders (but not exclusively religious leaders) have is to bring people closer to Torah. One way of doing that is by interpreting Halacha in a way that makes Halachik living accessible to as many people as possible.
Here is an example from my experience. A few years ago I met with a couple who were slowly but surely adopting an observant lifestyle. During the course of our conversation this couple mentioned that they had a set of china dishes that were a family heirloom. The dishes were given to them by a family member who did not keep kosher and were most probably used with either treif food or interchangeably for both dairy and meat. They then told me that they were under the impression that the dishes could not be “koshered.” They told me as well that the dishes had important sentimental value to them, and that they were saddened by the notion of not being able to use them. After seeing how difficult this decision was for them, I shared with them the view of Rabbi Moshe Feinstein who allowed kashering china in circumstances very similar to theirs and told them that I thought that they too could kasher their dishes. At that moment the wife turned to her husband and said with a gleam in her eye, “See, I told you we could do it.” She went on to explain that they had been bombarded with so many strict interpretations of Orthodox Judaism that her husband began to doubt whether or not they could pull off a total assimilation into orthodoxy.
In hindsight, I could have tried to convince the couple that their attachment to the dishes should not serve as a barrier for further religious growth and counsel them how to best integrate themselves into orthodoxy –just without the dishes! –but instead, I simply removed the barrier. Removing barriers to religious growth can be a very effective tool towards increasing religious observance and we see that this method has, in fact, been used by great poskim. This is being a student of Aaron.
In the response that records Rabbi Feinstein’s permissive ruling about china he invokes the idea of takanat ha-shavim, regulations or enactments made in order to help those who wish to repent (literally: return). Rabbi Feinstein understood that the use of permissive rulings in cases such as this would make the road to observance easier to navigate for those who wish to embrace an orthodox style of religious observance.
A related phenomenon is the common occurrence that halacha guidebooks often offer the more stringent opinions as the only or highly preferred options. One example of this is the issue of making egg salad or tuna fish on Shabbat. There is an impressive list of poskim (Rav Shlommo Kluger, Rav Eliezer Yehuda Waldenberg, Rav Avraham Borenstein, known as the Eglei Tal and Avnei Nezer), who rule that the prohibition of mixing substances into one mass only applies to items that grow from the ground, therefore excluding tuna fish and egg salad from the prohibition entirely. Notwithstanding this, the contemporary shabbat halacha guides reject such an option. This may seem like a small issue but it is precisely rulings like this that make observance very hard to accept. Marginalizing positions like these is an error that will ultimately lead to less observance.
When discussing leniencies and stringencies, we should not focus on the spectrum of less stringent or more stringent, but rather on the strategic use of leniency to encourage greater observance. Put differently, when rendering halakhic decisions, rabbis should not focus on whether or not a decision is in line with the most stringent approach or is in accord with as many opinions as possible, but rather on the long term affects the particular decision will have on an individual’s level of observance.

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